Subdivision Application Process Changes and HB 3167: Overview
Beginning September 1, 2019, the City’s subdivision application process will change significantly in order to comply with the requirements of House Bill (HB) 3167 passed during the recent 86th Session of the Texas Legislature. HB 3167 impacts subdivision development applications by:
- Requiring a uniform 30-calendar day deadline for action to “Approve”, “Approve with conditions”, or “Disapprove with reasons” all subdivision applications, and a 15-calendar day period for action following subsequent updates to these applications;
- Modifying state statute to mandate that applications are automatically approved due to lack of action within the 30-calendar day initial period and the 15-calendar day subsequent update periods;
- Prohibiting new review comments after the initial 30-calendar day review period;
- Modifying the approval authority and public notice requirements for certain subdivisions.
What you need to know...
A Project Assessment and Pre-Requisites will be required if you are submitting a subdivision application for completeness check after September 1, 2019.
A Project Assessment will be required prior to submitting formally for the following items: variance, waivers, and discretionary approvals including (more common):
- Regional Stormwater Management Program participation
- Alternative Equivalent Compliance for Water Quality
- SOS limited adjustments
- Redevelopment exceptions;
- Floodplain variances (administrative and Council approval)
- Floodplain delineation when doing a study or Not using City delineation
- Condition Letter of Map Revision and Letters of Map Revisions
- Variances from Land Development Code requirements
- Waivers and administrative variances from criteria, discretionary
- Use of non-standard legal documents
- Real estate applications (easement ROW vacations, encroachment agreements, license agreements)
- Parkland Chapter 26
- Cottage, Urban or Small lots in city limits that require an AMOC for Fire Department approval
- Non-standard construction in the ROW
Prerequisites are approvals that must be obtained prior to submitting an application for a preliminary plan, final plat or subdivision construction plan. Read the full list on the Subdivision Application page.
Some of the most common prerequisites are:
- Final City Council approval of any proposed zoning application
- Non-standard legal document(s) reviewed and approved by legal dept
- Approved Service Extension Request from Austin Water
- Recommendation from Environmental Board for any environmental variance that requires a public hearing
Concurrent Review of Subdivision applications
The revised process includes significant changes to concurrent review involving subdivision applications. Completion of all zoning processes, both required or requested, are required prior to formal acceptance of a subdivision application.
Commission approval of a preliminary plan, where required, is a prerequisite requirement for submittal of a Final Plat;
Commission, or administrative approval, of a Final Plat, is a prerequisite requirement for submittal of a Subdivision Construction Plan application.
The requirements for the submittal of a Site Plan application are not modified by the changes to implement HB 3167.
The following links contain additional information about the City’s implementation of the code, criteria, and process changes proposed from compliance with HB 3167.
- Stakeholder meeting information
- The draft ordinance as approved by City Council on August 22, 2019
- Emergency administrative rules changes
- Formal Submittal Calendar
- Project Assessment Application
- Certification Statement (to be submitted for all subdivision applications)
Check out DSD’s HB 3167 Frequently Asked Questions for further information